(A) Delivery shall comply with state law at all times.
(B) Security plans developed pursuant to this chapter shall include provisions relating to vehicle security and the protection of employees and product during loading and in transit.
(C) A retailer shall facilitate the delivery of cannabis or cannabis products with a technology platform owned by or licensed to the delivery-only retailer that uses point-of-sale technology to track and database technology to record and store the following information for each transaction involving the exchange of cannabis or cannabis products between the retailer and customer:
(1) The identity of the individual dispensing cannabis or cannabis products on behalf of the permittee;
(2) The identity of the customer receiving cannabis or cannabis products from the permittee;
(3) The type and quantity of cannabis or cannabis products dispensed and received;
(4) The gross receipts charged by the permittee and received by the individual dispensing cannabis or cannabis products on behalf of the permittee for the cannabis or cannabis products dispensed and received; and
(5) The location or address where the sale or retail sale took place or closed.
(D) A permittee shall maintain a database and provide a list of the individuals and vehicles authorized to conduct delivery, and a copy of the valid state driver’s license issued to the driver of any such vehicle on behalf of the retailer to the Chief Executive Officer.
(E) Individuals making deliveries of cannabis or cannabis products on behalf of the retailer shall maintain a physical copy of the delivery request (and invoice) and shall make it available upon the request of agents or employees of the city requesting documentation.
(F) During delivery, a copy of the permittee’s retail cannabis business permit and state license shall be in the vehicle at all times, and the driver shall make it available upon the request of agents or employees of the city requesting documentation.
(G) A retailer shall only permit or allow delivery of cannabis or cannabis products in a vehicle that is (1) insured at or above the legal requirement in the state; (2) capable of securing (locking) the cannabis or cannabis products during transportation; (3) capable of being temperature controlled if perishable cannabis or cannabis products is being transported; and (4) does not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for cannabis delivery or affiliated with a retailer.
(H) A retailer shall facilitate deliveries with a technology platform owned by or licensed to the retailer that uses global positioning system technology to track, and database technology to record and store the following information:
(1) The time that the individual conducting delivery on behalf of the retailer departed the licensed premises.
(2) The time that the individual conducting delivery on behalf of the retailer completed delivery to the customer.
(3) The time that the individual conducting delivery on behalf of the retailer returned to the licensed premises.
(4) The route the individual conducting delivery on behalf of the retailer traveled between departing and returning to the licensed premises to conduct delivery.
(5) For each individual delivery transaction, the identity of the individual conducting deliveries on behalf of the retailer.
(6) For each individual delivery transaction, the vehicle used to conduct delivery on behalf of the retailer.
(7) For each individual delivery transaction, the identity of the customer receiving cannabis or cannabis products from the retailer.
(8) For each individual delivery transaction, the type and quantity of cannabis or cannabis products dispensed and received.
(9) For each individual delivery transaction, the gross receipts charged by the retailer and received by the individual conducting deliveries on behalf of the retailer for the cannabis or cannabis products dispensed and received.
(I) The individual making deliveries on behalf of the retailer shall personally verify for each individual delivery transaction the identity of the customer receiving cannabis or cannabis products from the retailer and (1) for medicinal cannabis or medicinal cannabis products to a qualified patient, the age and all necessary documentation of each customer to ensure the customer is not under the age of 18 years and obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or identification card as described in §§ 11362.71 through 11362.77 of State Health & Safety Code, as may be amended from time to time, on site for period of not less than seven years or (2) for cannabis or cannabis products to an adult-use customer, age and all necessary documentation of each customer to ensure the customer is not under the age of 21 years.
(J) Each delivery vehicle shall be equipped with a dual dash camera system showing the inside of the vehicle as well as a forward facing camera and shall be turned on at all times the vehicle is in the city making cannabis deliveries. Video footage shall be retained for a period of at least two weeks and made available to the city upon request.
(K) Each cannabis delivery permit holder shall maintain a current register of names and required information for all employees participating in the delivery of cannabis in the city and all vehicles used for the delivery of cannabis in the city. In no event shall any employee participate in the delivery of cannabis in the city or a vehicle be used for the delivery of cannabis in the city until the information is updated to the permit holder’s register. Each cannabis delivery permit holder shall provide the city its current register upon request by the city within 48 hours.
(L) Cannabis delivery is only permitted in the city between the hours of 8:00 a.m. to 10:00 p.m.
(M) Each cannabis delivery permit holder shall maintain accurate books and records, detailing all of the revenues and expenses of all cannabis delivery in the city. On no less than an annual basis, or at any time upon reasonable request of the city, each cannabis delivery permit holder shall file a sworn statement detailing the number of sales by the cannabis delivery permit holder during the previous 12-month period (or shorter period based upon the timing of the request), provided on a monthly basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. If, upon written request from the city, each cannabis delivery permit holder shall make available to the city all books, records, accounts, inventory and access to onsite operations of persons engaged in cannabis delivery specific to the business, including examination of both state and federal income tax returns, sales tax returns, or other evidence documenting the finances pertaining to cannabis delivery in the city for the purpose of verifying compliance with this chapter and any other applicable provision of this code.
(N) Employees delivering cannabis or cannabis product or dispensing cannabis or cannabis products on behalf of the permittee may not receive anything tangible from the customer. All payments and tips for the cannabis or cannabis products should be transmitted to the permittee electronically.
(O) A retailer shall seal each order of cannabis or cannabis products in tamper- evident packaging before the individual conducting the delivery on behalf of the retailer departs the licensed premises. A retailer shall include any promotional branded merchandise of any licensee, or promotional materials inside the sealed, tamper-evident packaging. Employees delivering cannabis or cannabis product or dispensing cannabis or cannabis products on behalf of the permittee may not deliver or dispense promotional branded merchandise of any licensee, or promotional materials not included in the delivery package.
(P) A retailer or a licensed retailer’s delivery employee shall not leave cannabis or cannabis goods in an unattended motor vehicle outside of the retailer’s hours of operation. A retailer shall ensure that vehicles used for delivery of cannabis or cannabis products are cleared of all cannabis or cannabis products before ceasing daily operations.
(Ord. 1501, passed 4-5-23)